103866 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices 

1Resolution No. 325–87, ‘‘Approving Various 

Amendments Change #1’’ June 17, 1987. 

2Resolution No. 214–2011, Amending Ordinance 

73, Social Host Law and Penalty, May 5, 2011. 

3Resolution No. 214–2011, Amending Ordinance 

73, Social Host Law and Penalty, May 5, 2011. 

policies supporting Tribal economic 

development and self-determination, 

and also threaten substantial Tribal 

interests in effective Tribal government, 

economic self-sufficiency, and territorial 

autonomy. See Michigan v. Bay Mills 

Indian Community, 572 U.S. 782, 810 

(2014) (Sotomayor, J., concurring) 

(determining that ‘‘[a] key goal of the 

Federal Government is to render Tribes 

more self-sufficient, and better 

positioned to fund their own sovereign 

functions, rather than relying on Federal 

funding’’). The additional costs of State 

and local taxation have a chilling effect 

on potential lessees, as well as on a 

Tribe that, as a result, might refrain from 

exercising its own sovereign right to 

impose a Tribal tax to support its 

infrastructure needs. See id. at 810–11 

(finding that State and local taxes 

greatly discourage Tribes from raising 

tax revenue from the same sources 

because the imposition of double 

taxation would impede Tribal economic 

growth). 

Similar to BIA’s surface leasing 

regulations, Tribal regulations under the 

HEARTH Act pervasively cover all 

aspects of leasing. See 25 U.S.C. 

415(h)(3)(B)(i) (requiring Tribal 

regulations be consistent with BIA 

surface leasing regulations). 

Furthermore, the Federal government 

remains involved in the Tribal land 

leasing process by approving the Tribal 

leasing regulations in the first instance 

and providing technical assistance, 

upon request by a Tribe, for the 

development of an environmental 

review process. The Secretary also 

retains authority to take any necessary 

actions to remedy violations of a lease 

or of the Tribal regulations, including 

terminating the lease or rescinding 

approval of the Tribal regulations and 

reassuming lease approval 

responsibilities. Moreover, the Secretary 

continues to review, approve, and 

monitor individual Indian land leases 

and other types of leases not covered 

under the Tribal regulations according 

to 25 CFR part 162. 

Accordingly, the Federal and Tribal 

interests weigh heavily in favor of 

preemption of State and local taxes on 

lease-related activities and interests, 

regardless of whether the lease is 

governed by Tribal leasing regulations 

or 25 CFR part 162. Improvements, 

activities, and leasehold or possessory 

interests may be subject to taxation by 

the Kickapoo Tribe of Oklahoma. 

Bryan Newland, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2024–30295 Filed 12–18–24; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[256A2100DD/AACC003300/ 

A0H901010.999900] 

Blackfeet Tribe of the Blackfeet Indian 

Reservation; Amendment to 

Regulation and Control of Liquor 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes an 

amendment to the Liquor Ordinance of 

the Blackfeet Tribe of the Blackfeet 

Indian Reservation of Montana (Tribe). 

DATES: This ordinance shall take effect 

on January 21, 2025. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jo-Ellen Cree, Tribal Operations Officer, 

Rocky Mountain Regional Office, 

Bureau of Indian Affairs, 2021 Fourth 

Avenue North, Billings, Montana 59101, 

Jo-Ellen.Cree@bia.gov, Telephone: (406) 

247–7964 or (406) 247–7988, Fax: (406) 

247–7566. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953, Public 

Law 83–277, 67 Stat. 5886, 18 U.S.C. 

1161, as interpreted by the Supreme 

Court in Rice v. Rehner, 463 U.S. 713 

(1983), the Secretary of the Interior shall 

certify and publish in the Federal 

Register notice of adopted liquor control 

ordinances for the purpose of regulating 

liquor transactions in Indian country. 

This notice is published in 

accordance with the delegated authority 

by the Secretary of the Interior to the 

Assistant Secretary—Indian Affairs. I 

certify that the Blackfeet Tribal Business 

Council duly adopted Ordinance No. 73 

by Tribal Resolution No. 504–2024 on 

July 8, 2024. 

Bryan Newland, 

Assistant Secretary—Indian Affairs. 

Blackfeet Tribal Ordinance #73, as 

Amended 

Regulation and Control of Liquor 

Part I. General Provisions 

1.0 Declaration of Public PolicySubject Matters of Regulation 

(A) It is hereby declared to be the 

public policy of the Blackfeet Tribe to 

effectuate and ensure the entire control 

of the sale and distribution of all 

alcoholic beverages within the Blackfeet 

Indian Reservation, subject to the 

inherent sovereign power of the 

Blackfeet Nation and the power 

delegated to the Tribe by the United 

States Congress and concurrently with 

the State of Montana. 

(B) This code is an exercise of the 

police powers of the Blackfeet nation 

and the power delegated pursuant to 

Title 18, section 1161 of the United 

States Code, in and for the protection of 

the welfare, health, peace, morals and 

safety of the people of the Blackfeet 

Nation and residents of the Blackfeet 

Indian Reservation. 

(C) It is further the policy of the 

Blackfeet nation to effectuate the 

economic rights of members of the 

Blackfeet Nation, as guaranteed by 

Article VIII, Section 2 of the Blackfeet 

Constitution. This policy is 

implemented herein by limiting the 

issuance of new licenses in some cases 1

to enrolled members of the Blackfeet 

Nation or business entities which are at 

least fifty-one percent (51%) owned by 

enrolled members of the Blackfeet 

Nation. 

2.0 Sale of Alcoholic Beverages 

Privilege, Not Right 

A license for the sale or distribution 

of alcoholic beverages within the 

Blackfeet Indian Reservation is a 

privilege which the Blackfeet Nation 

may grant or deny and is not a right to 

which any person or entity is entitled. 

Part 2. Retail Sales Restrictions 

1.0 Unlawful Sales and Other 

Transactions 

(A) It shall be unlawful for any 

licensee, his/her employee or 

employees, or any other person to sell, 

deliver, or give away, or cause or permit 

to be sold, delivered, or given away any 

alcoholic beverage to any person: 

1. Under twenty-one (21) years of 

age 2; or 

2. Who is obviously, actually, or 

apparently intoxicated. 

(B) It shall be unlawful for any person 

or entity to sell or distribute alcoholic 

beverages within the exterior 

boundaries of the Blackfeet Indian 

Reservation without first obtaining a 

license pursuant to this Ordinance. 

(C) It shall be mandatory under this 

law for all licensees to display in a 

prominent place in their premises a 

placard stating fully the consequences 

for violations of this law by persons 

under twenty-one (21) years of age.3

2.0 Sale and Distribution of Alcoholic 

Beverages Unlawful 

It shall be unlawful for a licensed 

person or business entity to sell or 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices 103867 

4 2008 Referendum Vote Language to close sales 

during North American Indian Days and Heart 

Butte Society Celebration; however, does not 

reference amendment to Ordinance #73. 

5Resolution No. 504–2024 ‘‘Amending Ordinance 

#73 Regulation and Control of Liquor, Regarding 

Retail Hours During K–12 School Year, High School 

Graduations, High School Proms and Blackfeet 

Community College Graduation’’ July 8, 2024. 

6Resolution No. 504–2024. 

7Resolution No. 504–2024. 

8Resolution No. 504–2024, and Resolution No. 

lll‘‘Amending Resolution No. 504–2024 

Amending Ordinance #73 Clarifying Weekend Sales 

During Academic School Year on the Blackfeet 

Reservation’’ August 21, 2024. 

9Resolution No. 325–87, ‘‘Approving Various 

Amendments Change #2’’ June 17, 1987. 

distribute alcoholic beverages within 

the exterior boundaries of the Blackfeet 

Indian Reservation, provided that the 

licensee complies with the provisions of 

this Ordinance, concurrently with the 

laws of the State of Montana. 

3.0 Closing Hours for Licensed Retail 

Establishments 

All licensed establishments wherein 

alcoholic beverages are offered for sale, 

or given away at retail shall be closed: 

(A) Each day between 2:00 a.m. and 

8 a.m. 

(B) Easter Sunday between 8:00 a.m. 

and 2:00 p.m. (all day) 

(C) From 6:00 p.m. December 24 

(Christmas Eve) to 6:00 p.m. December 

25 (Christmas Day). 

(D) There will be no sales of alcoholic 

beverages, including sales at stores, 

bars, restaurants, and taverns within the 

Blackfeet Reservation during North 

American Indian Days and Heart Butte 

Society Celebration, beginning at 8:00 

a.m. Thursday and ending at 8:00 a.m. 

the following Monday.4

(E) Any Blackfeet Reservation High 

School Graduation, 8:00 a.m. and 2:00 

a.m. (all day).5

(F) Any Blackfeet Reservation High 

School Prom, 8:00 a.m. and 2:00 a.m. 

(all day) 6

(G) Blackfeet Community College 

Graduation, 8:00 a.m. and 2:00 a.m. (all 

day); 7 and, 

(H) During the K–12 Academic School 

Year within the Blackfeet Reservation, 

Monday through Friday each day, from 

8:00 a.m. to 5 p.m.8

The Blackfeet Tribal Business Council 

retains discretionary authority to close 

licensed retail establishments in 

recognition of Indian religious 

ceremonies, after giving due notice. 

Provided, however, that when a 

licensed retail establishment is operated 

in conjunction with a restaurant, hotel, 

or other lawful business other than the 

sale of intoxicating alcoholic beverages, 

then such other lawful business need 

not be closed, but only the part where 

of such alcoholic beverages are sold. 

4.0 Sale of Alcoholic Beverages During 

Closed Hours 

It shall be unlawful for any licensed 

Tribal establishments to sell, offer for 

sale, or give away alcoholic beverages 

during the hours when the licensed 

retail establishments are required by 

this Ordinance to be closed or otherwise 

refrain from the sale of alcoholic 

beverages. 

5.0 Lapse of License for Non-Use 

(A) Any retail license issued pursuant 

to this Ordinance (including any retail 

license to sell alcoholic beverages for off 

premises consumption) not actually 

used in a going establishment for ninety 

(90) days shall automatically lapse. 

Upon determining the fact of nonuse, 

the Tribal Council shall cancel such 

license of record and no portion of the 

fee paid therefore shall be refundable. 

(B) The provisions of this section 

shall not apply to the license of any 

licensee whose premises are operated 

on a seasonal basis in connection with 

a bona fide resort, park hotel, tourist 

facility from the Tribal Business Council 

to close the business. 

(C) The Tribal Council may, in its 

discretion, waive the effects of this 

section for a licensee who failed to use 

his license in a going establishment for 

ninety (90) days should the Council find 

that said lapse was reasonably beyond 

the control of the licensee. 

6.0 Tribal License Automatically 

Revoked With Loss of State License 

Pursuant to federal law, the regulation 

of transactions involving alcoholic 

beverages within the Indian Reservation 

is a matter of concurrent jurisdiction 

between the various Indian tribes and 

the States in which their reservations 

are located. Thus, to validly engage in 

the business of selling or distributing 

alcoholic beverages on Indian 

reservations a licensee must possess 

both the Tribal and state license. 

(A) Any Tribal license issued 

pursuant to this Ordinance will be 

automatically revoked ninety (90) days 

after the Tribal Council receives 

notification from proper State officials 

that the licensee’s state license has been 

revoked or has otherwise expired, and 

that all state appeals processes have 

been exhausted. 

Part 3. License Administration 

1.0 License Classification 

(A) The issuance of licenses for the 

retail sale of alcoholic beverages within 

the Blackfeet Indian Reservation shall 

be based upon the following 

classifications: 

CLASS 1. All Beverage License: This 

license enables the licensee to sell 

liquor, beer, wine, and other alcoholic 

beverages within the boundaries of the 

Blackfeet Reservation. 

CLASS 2. On-Premise Retail Beer 

License With Available Wine Sales 

Amendment: This license enables the 

licensee to sell beer for on-premises 

consumption. For an additional fee, a 

wine amendment is available. The 

licensee must make an initial showing 

that the sale of beer for on-premises 

consumption is supplementary to a 

restaurant or prepared food business. 

Non-retention of the beer license, for 

any reason, will mean automatic loss of 

the wine license amendment. 

CLASS 3. Off-Premises Retail Beer 

License With Available Wine Sales 

Amendment: This license enables the 

licensee to sell beer and wine with an 

amendment, in the original package for 

off premises consumption only. The 

licensee must make an initial showing 

that the license will be used in 

conjunction with the business operated 

primarily as a bona fide grocery store or 

drugstore. 

(B) The issuance of new licenses in 

class 1 and 2 9 shall be limited to 

enrolled members of the Blackfeet 

Indian Nation or business entities which 

are at least fifty-one (51%) owned and 

operated by an enrolled member of the 

Blackfeet Indian Nation. 

CLASS 4. Special Licenses: this 

license consists of special permission 

enabling the licensee to sell beer or 

wine to the patrons of some preplanned 

community event, to be consumed 

within the enclosure where the event is 

held. Allowable events include 

company picnics, conventions, fairs, 

civil entertainments, and sporting 

events. 

2.0 Beer Retailer’s License— 

Application and Issuance—Check of 

Books of Account and Premises by Tribe 

(A) Any person desiring to have and 

possess beer and wine for sale under 

this Ordinance for the purpose of selling 

it at retail shall first apply to the Tribal 

Council for a license to do so and tender 

with said application the license fee 

provided for. 

(B) Upon being satisfied, from such 

application or otherwise, that the 

applicant is qualified as provided, the 

Tribal Council shall issue a license to 

such person or applicant, which license 

shall at all times be prominently 

displayed in the place of business of the 

applicant. 


lotter on DSK11XQN23PROD with NOTICES1
103868 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices 

10Resolution No. 325–87, ‘‘Approving Various 

Amendments Change #3’’ June 17, 1987. 

11Resolution No. 325–87, ‘‘Approving Various 

Amendments Change #4’’ June 17, 1987. 

12Resolution No. 325–87, ‘‘Approving Various 

Amendments Change #5 (A)(1)’’ June 17, 1987. 

13Resolution No. 325–87, ‘‘Approving Various 

Amendments Change #5 (A)(2)’’ June 17, 1987. 

(C) If the Tribal Council finds that the 

applicant is not qualified, no license 

shall be granted, and the license fee 

tendered shall be promptly returned. 

(D) The Tribal Council shall have the 

right and is hereby given the authority 

to make, at any time an examination of 

the books of any such retailer and his 

premises and otherwise check his 

methods of conducting business in so 

much as it regards his retail liquor 

license, through independent licensed 

auditors. 

3.0 Retailer Beer License for OnPremises Consumption—Wine License 

Amendment—Limit on Number of 

Licenses 

(A) Except as otherwise provided by 

law, a license to sell beer at retail for onpremises consumption, or beer and 

wine at retail for on-premises 

consumption, in accordance with the 

provisions of this Ordinance, may be 

issued to any person, firm or 

corporation who is approved by the 

Tribal Council as a fit and proper 

person, firm or corporation to sell beer, 

except that: 

1. in the town of Browning, and 

within a distance of five (5) miles from 

the city limits of Browning, not more 

than one (1) license for every 1000 

persons residing in the above-described 

area shall be issued and said license 

may not be used in conjunction with a 

retail all-beverage license. 

2. in the unincorporated town of East 

Glacier Park and within a distance of 

five (5) miles from the limits of East 

Glacier Park not more than one (1) 

license for every 1000 persons residing 

in the described area, shall be issued 

and said license may not be used in 

conjunction with the retail all-beverage 

license. 

3. the number of retail beer licenses 

for on-premises consumption, which 

may be issued by the Tribal Council, 

excluding those provided for in 

subsections (1) and (2) above, shall be 

determined on the limitation of no more 

than one (1) per 750 persons in that area 

and provided further that, in the 

exercise of its sound discretion, the 

Tribal Council first determines that the 

issuance of said license is a required is 

required by public convenience and 

necessity. 

(B) Retail beer licenses, or beer and 

wine licenses, of issue on January 1, 

1985, and which are in excess of the 

foregoing limitations shall be renewable, 

but no new licenses may be issued in 

violation of such limitations. 

(C) An applicant for a license to sell 

beer, or beer and wine for on-premises 

consumption, at retail, must make a 

satisfactory showing that the sale of beer 

or beer and wine for consumption onpremises would be supplemental to the 

applicant’s primary business activity of 

operating a restaurant or other prepared 

food business. 

(D) Any licensee possessing an onpremises retail beer license may apply 

for an on-premises retail wine license 

amendment. An applicant to sell wine 

for on-premises consumption at retail, 

must first possess a valid retail onpremises beer license provided, 

however, that this requirement shall not 

prevent an applicant from applying for 

an on-premises beer license and the 

retail on-premises wine license 

simultaneously. Non-retention of the 

retail beer license, for whatever reason, 

shall mean automatic loss of the 

amendment. 

A person holding a retail on-premises 

beer and wine license may sell beer and 

wine for consumption on or off the 

premises. 

4.0 Retail Beer and Wine License for 

Off-Premises Consumption Only 

Discretionary Authority to Issue 10

(A) A retail license to sell beer or 

wine, or both in the original package for 

off-premises consumption only may be 

issued to any person, firm, or 

corporation to sell beer or wine, or both, 

and whose premises proposed for 

licensing are operated as bona fide 

grocery store or drugstore. 

(B) The number of such licenses 

which the Tribal Council may issue is 

not limited but shall be determined by 

the Tribal Council in the exercise of its 

sound discretion, grant or deny any 

application for any such license or 

suspend or revoke any such license for 

cause. 

(C) [deleted-as per instructions in 

Resolution 328–87] 11

5.0 Beer License Transfers 

(A) A transfer of any beer retailer’s 

license, including transfer of a beer 

license with the wine license 

amendment, may be made upon 

application to the Tribal Council with 

the consent of the Council, provided 

that the transferee qualifies under this 

Ordinance, and subject to the following 

limitations: 

1. Transfer of a license for onpremises consumption 12 which was 

issued after January 1, 1985, as a new 

license with Tribal member preference, 

may be made only to another enrolled 

member of the Blackfeet Nation or a 

business entity which is 51% owned by 

an enrolled member of the Blackfeet 

Nation. 

2. Transfer of any other beer retailers 

license may be made to any qualified 

applicant and will not be limited to 

Tribal member preference.13

6.0 All-Beverage License-Quotas 

(A) Except as otherwise provided by 

law, a license to sell beer, wine and 

liquor at retail (an all-beverage license) 

in accordance with the provisions of 

this Ordinance, may be issued to any 

person approved by the Tribal Council 

as a fit and proper person to sell such 

beverages, except that the number of allbeverage licenses with the Tribal 

Council may issue shall be limited as 

follows: 

1. There shall be no more than four 

(4) Class 1 all-beverage licenses for the 

Town of Browning and within a five (5) 

mile radius of the town limits. An 

additional license will be available with 

each increase of 1,000 persons residing 

in the above-described area. 

2. There shall be no more than one (1) 

Class 1 all-beverage license for the 

unincorporated town of East Glacier 

Park and within a five (5) mile distance 

from its limits, for every 1,000 persons 

residing in the said area. 

3. The number of all-beverage licenses 

which the Tribal Council may issue for 

premises situated outside the area 

identified in (1) and (2) above, may not 

be more than one license for every 750 

persons residing on the Blackfeet Indian 

Reservation, excluding the population 

of the area identified in (1) and (2) 

above. 

(B) Retail all-beverage licenses of 

issue on January 1, 1985, and which are 

in excess of the foregoing limitations 

shall be renewable, but no new licenses 

may be issued in violation of such 

limitations. 

(C) Any original license issued 

pursuant to this section shall be issued 

only upon the Tribal Council having 

first determined, upon a hearing held 

pursuant to this Ordinance, that the 

issuance of said license is justified by 

public convenience and necessity. 

(D) Transfers of all beverage licenses 

which were of issue prior to January 1, 

1985, will not be limited to Tribal 

member preference, and may otherwise 

be made to any qualified applicant. 

7.0 Census 

The most recent census of the 

Blackfeet nation shall be the basis upon 

which the limitations outlined in this 

Ordinance shall be determined. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices 103869 

14Resolution No. 325–87, ‘‘Approving Various 

Amendments Change #6 (B)(1)’’ June 17, 1987. 

15Resolution No. 325–87, ‘‘Approving Various 

Amendments Change #6 (B)(8)’’ June 17, 1987. 

8.0 Special License To Sell Beer and 

Wine—Application and Issuance 

(A) any association or corporation 

conducting a picnic, convention, fair, 

community entertainment, or sporting 

event shall be in the sound discretion of 

the Tribal Council be entitled to a 

special permit to sell beer and wine to 

the patrons of such event to be 

consumed within the enclosure where 

the infant is to be held. 

(B) An application for a special 

license shall be presented at least three 

(3) days in advance of the start of the 

proposed event and shall describe the 

location of the enclosure where the 

event is to be held. 

(C) The application shall be 

accompanied by the amount of the 

license fee and a written statement of 

approval of the premises where the 

event is to be held issued by (sic) law 

enforcement agency that has jurisdiction 

over the premises and the patrons. 

(D) The license issued as a special 

license and authorizes the sale of beer 

and wine only on the date and during 

the period stated in the application and 

approval. 

Part 4. Licensing Criteria and 

Procedure 

1.0 License as Privilege—Criteria for 

Decision on Application 

(A) A license under this Ordinance is 

a privilege which the Blackfeet nation 

may grant to, or deny, any applicant and 

is not a right to which any applicant is 

entitled. 

(B) Except as provided herein, in the 

case of a license that permits on 

premises consumption, the Tribal 

Council must find in every case in 

which it issues a new license, or in 

which it approves the transfer of a 

license that: 

1. In the case of the issuance of a new 

Class 1 or Class 2 14 license, that the 

applicant is an enrolled member of the 

Blackfeet Indian Nation, or if the 

applicant is a firm or corporation, that 

the applicant is at least 51% owned by 

an enrolled member of the Blackfeet 

Indian Nation. 

2. The applicant is financially 

responsible. 

3. The applicant will not have an 

interest in more than one establishment 

licensed for all-beverage sales. 

4. The applicant’s past record and 

present status as a seller of alcoholic 

beverages and as a businessman and 

citizen demonstrates that he is likely to 

operate his establishment in compliance 

with all applicable Tribal laws. 

5. The applicant is not under the age 

of twenty-one (21) years. 

6. The applicant has obtained the 

necessary Tribal business license. 

7. The applicant has not been 

convicted of a felony, or if the applicant 

has been convicted of a felony, that his 

rights have been restored. 

8. In the case of the transfer of a 

license originally issued as a new Class 

1 or Class 2 15 license after January 1, 

1985, that the applicant is an enrolled 

member of the Blackfeet Indian Nation, 

or if the applicant is a firm or 

corporation, that at least 51% of the firm 

or corporation is owned by enrolled 

members of the Blackfeet Indian Nation. 

(C) The requirements of this 

subsection will apply to all new licenses 

and transfers occurring after January 1, 

1985, in Class 1, Class 2 and Class 3 

licenses, except as otherwise provided 

in specific subsections. 

2.0 Application and Investigation 

(A) Prior to the issuance of any 

license under this ordinance, the 

applicant shall file with the Tribal 

Council, an application in writing, 

signed by the applicant and containing 

such statements relative to the applicant 

and the premises where the alcoholic 

beverage is to be sold, as may be 

required by the Tribal Council, 

including, but not limited to the 

following: 

1. The name, age and place or 

residence of the applicant. 

2. The location of the premises where 

the license will be issued. 

3. In the case of a firm or corporation, 

the names of all partners and 

shareholders in the firm or corporation; 

the percentage of ownership held by 

each partner or shareholder; the 

relationship, if any between the partners 

or shareholders (husband, wife, son, 

brother-in-law, etc.); and whether or not 

each shareholder of partner is an 

enrolled member of the Blackfeet Indian 

Nation. 

4. In the case of an individual 

applicant, whether the applicant is an 

enrolled member of the Blackfeet Indian 

Nation. 

5. Financial records and reports of the 

applicant. The application shall be 

verified by the affidavit of the person 

making the same before a person 

authorized to administer oaths. 

(B) Upon receipt of a completed 

application of a license under this 

Ordinance, accompanied by the 

necessary license fee, as further required 

in this Ordinance, the Tribal Council 

shall within thirty (30) days make a 

complete and thorough investigation of 

all matters pertaining to the application 

and shall determine whether the 

applicant is qualified to receive a 

license and whether the applicant’s 

premises are fit to carry on the business 

and that Tribal law will be complied 

with. 

(C) Upon proof that the applicant has 

made any false statement on the 

application, the application may be 

denied or if issued, the license may be 

revoked. 

3.0 Notice of Application— 

Publication-Protest 

(A) When an application has been 

filed with the Tribal Council to sell 

alcoholic beverages at retail or to 

transfer such license, the Tribal Council 

shall promptly publish in a newspaper 

of general circulation within the 

Blackfeet Indian Reservation, a notice 

that such applicant has made 

application for such license and that 

protests against the issuance of a license 

to the applicant may be mailed to a 

named Tribal administrator within ten 

(10) days after the final notice is 

published. Notice of application for 

either transfer or sale shall be published 

once a week for 4 consecutive weeks’ 

notice may be substantially as follows: 

Notice of Application for Trans of or for 

Retail Sale of Alcoholic Beverages 

Notice is hereby given that on the 

ll day of lll, 198l, one (name of 

applicant) filed an application for a 

license to engage in the retail sale of 

alcoholic beverages within the 

boundaries of the Blackfeet Indian 

Reservation. 

The license is to be used at (describe 

location of premises where alcoholic 

beverages will be sold), and protests, if 

there are any, against the issuance of 

such license may be mailed to 

lllll, Blackfeet Nation, Browning, 

MT 59417 on or before the ll day of 

lll, 198l. 

Dated: lllllllll. 

(B) Each applicant shall, at the time 

of filing his application, pay to the 

Blackfeet Nation an amount sufficient to 

cover the costs of publication of the 

notice. 

(C) If the Tribal Council receives no 

written protests, it may issue a license 

without holding a public hearing if 

written protests against the issuance of 

the license or transfer of an existing 

license are received, the Tribal Council 

shall hold a public hearing in Browning 

at the Blackfeet Tribal Offices. 

Additional public hearings may be 

held at the discretion of the Tribal 

Council. 


lotter on DSK11XQN23PROD with NOTICES1
103870 Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Notices 

16Resolution No. 212–2011, Amending 

Ordinance 73, Implementing RASS, May 5, 2011. 

4.0 Protests and Hearing—Posting and 

Contents of License—Privilege— 

Expiration 

(A) No license may be issued until 

after the date set in the notice for 

hearing protests. 

(B) Every license issued under this 

Ordinance shall contain: 

1. The name of the person (sic) whom 

it was issued. 

2. The location of the premises, by 

street number or other appropriate 

description, where the license is to be 

used. 

3. Other information such as the 

Tribal Council shall deem necessary. 

Each license must be posted in a 

conspicuous place on the premises 

wherein the business authorized under 

the license is to be conducted. Such 

license shall be exhibited upon request 

to any authorized representative of the 

Tribal Council or to any peace officer of 

the Blackfeet Nation or Bureau of Indian 

Affairs. 

(C) Any license issued under this 

Ordinance shall be considered a 

personal privilege to the license named 

in the license and shall be good until 

the expiration of the license unless 

sooner revoked or suspended. 

5.0 Transfer-By Sale—In Case of Death 

of Licensee—From Premises to Premises 

(A) Except as otherwise provided in 

this Ordinance, no license for the retail 

sale of alcoholic beverages shall be 

transferred or sold. Nor shall said 

license be issued for any place of 

business not described in the license 

without first making an application to 

and receiving the approval of the Tribal 

Council. 

(B) A license for the retail sale of 

alcoholic beverages may be transferred 

to the executor or administrator of the 

estate of any business of selling 

alcoholic beverages under a license, and 

in such event a license may descend or 

be disposed of with the business to 

which it is applicable under the 

appropriate probate proceedings. 

(C) A license to sell alcoholic 

beverages at retail may be transferred to 

a qualified purchaser upon a bona fide 

sale of the business operated under that 

license. No transfer of any license as to 

person or location shall be effective 

until approval by the Tribal Council, 

and any licensee, transferee or proposed 

transferee who operates or attempts to 

operate under any supposedly 

transferred license shall be considered 

as operating without a license to operate 

the business to be transferred, under the 

license, pending final approval, 

providing an application for transfer has 

been filed with the Tribal Council. 

6.0 Denial of License—Public Safety 

and Welfare 

(A) The Tribal Council may deny the 

issuance of any license for the retail sale 

of alcoholic beverages if it determines 

that the premises proposed for licensing 

cannot be properly policed by local 

authorities. 

(B) Normally a license under this 

Ordinance be issued if the Tribal 

Council finds upon the evidence 

presented at the hearing, that the 

welfare of the people residing in the 

vicinity of the place which such license 

is desired will be adversely and 

seriously affected and the public 

interest will not be served by issuance 

of such license. 

7.0 Expiration of License 

(A) Each July 1st, the Tribal Council 

shall issue licenses to holders of retail 

licenses to sell alcoholic beverages 

within the Blackfeet Reservation on an 

annual basis and as such fees as are 

prescribed by law, such licenses are 

subject to revocation or suspension as 

provided for in Part 4, Section 8 of this 

Ordinance after midnight on June 30th 

of the licensing year for which the 

license fee has not been paid, if the 

annual license fees are not paid. Initial 

licenses issued under this Ordinance 

shall be issued at the annual rate, for a 

period ending June 30, 1986, regardless 

of when issued. 

8.0 Renewal—Revocation or 

Suspension—Penalty 

(A) The Tribal Council may upon its 

own motion, and shall upon the written, 

verified complaint of any person, 

investigate the action and operation of 

any retail seller of alcoholic beverages 

licensed under this Ordinance. 

(B) If the Tribal Council, after 

investigation, shall have reasonable 

cause to believe that any such licensee 

has violated the provisions of this 

Ordinance, it may, in its discretion, and 

in addition to other penalties 

prescribed: 

1. Reprimand the licensee; or 

2. Suspend a license for a period not 

to exceed three (3) months; or 

3. Revoke the license of any such 

licensee; or 

4. Refuse to grant a renewal of such 

license upon the expiration thereof; or 

5. Impose a civil penalty not to exceed 

One Thousand, Five Hundred Dollars 

($1,500), subject to the right to a hearing 

in the Blackfeet Tribal Court. The 

affected licensee may seek a stay of the 

imposition of the fine provided the 

licensee files a petition for hearing on 

the fine with the Blackfeet Tribal Court 

within ten (10) working days of the date 

of the licensee is notified of the fine. 

Failure to file a petition within the 

required time shall result in loss of the 

Tribal Court’s jurisdiction to review the 

fine pursuant to this Ordinance. 

9.0 Judicial Review Concerning 

Alcoholic Beverage Laws 

(A) Any interested party shall have 

the right to seek judicial review of any 

decision of the Tribal Council 

concerning the issuance, transfer, 

suspension, or revocation of any license 

to sell at retail alcoholic beverages 

within the Blackfeet Reservation by the 

Blackfeet Tribal Court. 

(B) Judicial review under this 

provision will be limited to a review of 

the record of the prior proceedings on 

the affected license. The Court will be 

limited to determining: 

1. Whether the Tribal Council abused 

its discretion by acting arbitrarily or 

capriciously; or 

2. Whether the Tribal Council’s 

decision is supported by the record of 

the case and the facts contained therein; 

or 

3. Whether the Tribal Council’s 

decision is consistent with the 

applicable provisions of the law. 

(C) The Tribal Council’s decision 

shall be final unless modified or 

reversed by the Tribal Court. 

10. Training for Responsible Alcohol 

Sales and Services (RASS) 16

All retail liquor establishments prior 

to receiving a liquor license or a renewal 

of such license on the Blackfeet 

Reservation shall certify that all 

employees of such establishment have 

received Responsible Alcohol Sales and 

Service training also referred to as 

RASS, which training is given by the 

Montana Department of Revenue. Any 

new employee of such establishment 

shall receive such training within thirty 

(30) days of employment. The 

establishment shall keep a roster of all 

employees, including names and date of 

training, which shall be open for 

inspection by agents of the Blackfeet 

Tribe. 

Failure to obtain such training for 

employees as set forth above, shall 

subject the liquor establishment to a 

civil penalty of $500.00 per employee 

and/or the possible suspension of that 

establishment’s liquor license until such 

time as the establishment is in 

compliance with this Ordinance. 

The penalties collected as set out 

above shall be used solely for the 

purpose of funding the activities of the 

Blackfeet DUI Task Force, with $100.00 


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of such penalty going to the Blackfeet 

Department of Commerce, for 

administration and enforcement of this 

Ordinance and that both the DUI Task 

Force and the Department of Commerce 

shall keep a strict accounting of the 

receipt and disbursal of such funds. 

Part 5. Licensing Fees 

1.0 Retail Sales License and Special 

License Fees 

(A) Each retail beer, or retail beer and 

wine license, under the provisions of 

this Ordinance, shall pay an annual 

license fee as follows: 

2. Retail on-premises beer license, 

Two Hundred Dollars ($200); with wine 

license amendment, an additional Two 

Hundred Dollars ($200). 

3. For a license to sell beer at retail 

for off-premises consumption only, Two 

Hundred Dollars ($200); for a wine 

license amendment to sell at retail for 

off premises consumption only, and 

additional Two Hundred Dollars ($200). 

(B) The fee of special license to sell 

beer and wine at certain gatherings shall 

be computed at a rate of Thirty-Five 

Dollars ($35.00) a day for 2 or more 

days, but in no case less than SeventyFive Dollars ($75.00). 

(C) The fee for licensees licensed as a 

Class 1, all-beverage retail sellers of 

alcoholic beverages shall be Five 

Hundred Dollars ($500.00). 

(D) The license fee provided for in 

this Ordinance are exclusive of and in 

addition to other license fees chargeable 

by the Blackfeet Nation for the privilege 

of carrying on business within the 

Blackfeet Indian Reservation. 

(E) In addition to other license fees, 

the Tribal Council may require a 

licensee to pay a late fee of thirty 

percent (30%) of any license fee 

delinquent on July 1st of the renewal 

year, and sixty percent (60%) of any 

license fee delinquent of August 1st of 

the renewal year, and one hundred 

percent (100%) of any license fee 

delinquent on September 1st of the 

renewal year. 

Part 6. Violations and Enforcement 

1.0 Investigations—Search Warrants— 

Seizure and Forfeiture of Unlawful 

Alcoholic Beverages and Conveyance 

Devices 

(A) The Tribal Council may employ or 

appoint investigators or prosecuting 

officers who, under the Council’s 

discretion, will perform such duties as 

it may require, and who shall be paid 

such fees and expenses as the Council 

may fix. 

(B) Upon information or oath by any 

investigator appointed under this 

Ordinance or any Tribal or Bureau of 

Indian Affairs police officer showing 

reasonable cause to believe that 

alcoholic beverages are being illegally 

sold or kept for sale or for any unlawful 

purpose in any building or premises, it 

shall be lawful for the Tribal Court by 

warrant to authorize and empower the 

police officer or investigator or any 

other person named in the warrant to 

enter and search the building or 

premises and every part thereof and for 

that purpose to break open any lock, 

door, or fastening, to break open any 

closet, cupboard, box or other receptacle 

where alcoholic beverages may be 

concealed. 

(C) The Tribal Council or any duly 

authorized representative thereof or any 

Tribal or Bureau of Indian Affairs police 

officer shall have the right at any time 

to make an examination of the premises 

of any retail licensee as to whether the 

laws of the Blackfeet nation are being 

complied with. 

(D) Any investigator, duly appointed 

representative of the Blackfeet Tribal 

Council or any Tribal or Bureau of 

Indian Affairs police officer who finds 

an alcoholic beverage which he has 

reasonable cause to believe is had or 

kept by any person in violation of the 

provisions of this Ordinance may 

forthwith seize and remove the same 

and the packages in which the alcoholic 

beverage is kept, and upon a finding 

that the alcoholic beverages being kept 

or sold in violation of this Ordinance, 

the alcoholic beverage and all packages 

containing the same shall, in addition to 

other penalties prescribed by this 

Ordinance, be forfeited as a matter of 

law to the Blackfeet Nation. 

Whenever a vehicle or other 

conveyance device of any kind is used 

to store or transport alcoholic beverages 

for purposes contrary to the provisions 

of this Ordinance, the vehicle or 

conveyance device may be seized force 

with. Upon a finding by the Tribal Court 

that the person in possession of the 

vehicle or conveyance device or person 

in charge of said vehicle or conveyance 

device was in violation of the provisions 

of this Ordinance, the Court may, in 

addition to any other possible penalties, 

declare in and by a decree that the 

vehicle or conveyance device, which 

has been seized, to be forfeited to the 

Blackfeet Nation. 

2.0 When Force May Be Used in 

Seizure—Hearing Required in Forfeiture 

Cases 

(A) Where alcoholic beverages are 

found by an investigator or Tribal or 

Bureau of Indian Affairs police officer 

on any premises or in any place in such 

quantities as to satisfy the investigator 

or police officer that such alcoholic 

beverage is being had or kept contrary 

to the provisions of this Ordinance, it 

shall force if necessary and seize any 

alcoholic beverage found, including the 

packages in which it was had or kept, 

and immediately turn such alcoholic 

beverage over to the Tribal Council. 

(B) In all cases where alcoholic 

beverages, or alcoholic beverages and 

vehicles and conveyance devices, are 

seized, the Tribal Council or its 

designated prosecuting officer shall 

commence an action in the Tribal Court 

against the seized alcoholic beverage, 

vehicle, or conveyance device, and the 

person or persons actually or apparently 

in possession or control thereof if any 

such person be presented at the time of 

the seizure. The alcoholic beverage shall 

be named as a defendant to the action. 

(C) The complaint shall show the date 

and place of seizure, the name of the 

person or persons actually or apparently 

in or [sic] control thereof if any such 

person be present at the time of the 

seizure, the reason the Tribal Council 

claims the right to possess the alcoholic 

beverage or conveyance device, or both, 

and shall demand that all persons who 

claim any right to the possession of the 

alcoholic beverage or conveyance 

device, or both, shall show the nature of 

their claim or claims and that the Court 

declare the same to be contraband and 

that the Court order the contraband 

forfeited to the Blackfeet Nation. 

(D) A summons shall be issued, 

served, or published as in all civil 

actions pursuant to the Tribal Law and 

Order Code, except that the Court 

summons shall be published in the local 

newspaper within the Blackfeet Indian 

Reservation. 

(E) In every case in which an 

alcoholic or a conveyance device is 

seized by an investigator or police 

officer, it shall be his duty to forth with 

make or cause to be paid to the Tribal 

Council a report in writing of the 

particulars of the seizure. 

3.0 Inspection of Carrier’s Records— 

Unlawful for Carrier To Refuse 

(A) For the purpose of obtaining 

information concerning any matter 

relating to the administration or 

enforcement of this Ordinance, the 

Tribal Council or any person appointed 

by it in writing for the purpose, may 

inspect the freight and express books, 

and any other documents in the 

possession of any common carrier doing 

business within the exterior boundaries 

of the Blackfeet Indian Reservation, 

containing any information of record 

relating to any goods shipped, carried, 

received for shipment, or cosigned for 

shipment within the Reservation. 


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17Resolution No. 214–2011, Amending 

Ordinance 73, Social Host Law and Penalty, May 

5, 2011. 

(B) Every common carrier and every 

official employee of any such company 

or common carrier who neglects or 

refuses to produce and subject for 

inspection any book, record, or 

document requested by the Tribal 

Council or its authorized representative, 

where that document relates to 

enforcement or administration under 

this Ordinance, shall be deemed in 

violation of this Ordinance and shall be 

subject to a fine of One Hundred Dollars 

($100.00) per day for each day during 

which the violation continues, not to 

exceed Five Thousand Dollars 

($5,000.00). 

4.0 Violation of Code Civil Action in 

Tribal Court—Corrective Action Before 

Judicial Proceedings 

(A) Every action charging a violation 

of the provisions of this Ordinance shall 

be brought by the Tribal Council or its 

prosecuting officer, in the name of the 

Blackfeet Tribe, against the licensee or 

other alleged violator in the Blackfeet 

Tribal Court as a civil action. 

(B) Provided, however, that the Tribal 

Council may, in the exercise of its 

sound discretion, resolve any alleged 

violation only when alleged to have 

been committed, by an authorized 

licensee, at the administrative level 

through the collection of an appropriate 

fine amount, an undertaking of 

corrective measures by the licensee, or 

other allowed penalty. Should an 

alleged violator agree to administrative 

resolution of the complaint, he shall not 

be allowed to seek judicial review of the 

administrative resolution. 

Part 7. Prohibitions and Penalties 

1.0 Unlawful Transfer, Sale, and 

Possession of Alcoholic Beverages 

(A) Except when in possession of 

fully issued Tribal license and as 

otherwise provided by this Ordinance 

no person shall, within the Blackfeet 

Indian Reservation, by himself or 

through others, keep for sale, or directly 

or indirectly sell or offer to sell, or to 

give any other person alcoholic 

beverages. 

(B) This section shall not apply to the 

county sheriff, Tribal police, Bureau of 

Indian Affairs police, Blackfeet Tribal 

Council, or its authorized representative 

when in possession of alcoholic 

beverages under judicial process or to 

sale by said entities and persons when 

under judicial process. 

2.0 Penalty for Sale of Alcoholic 

Beverages Without a License 

Any person who has not been issued 

a license for the retail sale of any 

alcoholic beverages under this 

Ordinance who sells or keeps for sale 

any alcoholic beverage has committed a 

violation, and upon a finding thereof is 

punishable by a civil penalty of not less 

than Five Hundred Dollars ($500.00) nor 

more than One Thousand Five Hundred 

Dollars ($1,500.00). 

3.0 Providing Alcoholic Beverages to 

Intoxicated Persons Prohibited 

(A) No retail seller of alcoholic 

beverages licensed pursuant to this 

Ordinance may, either through 

themselves or an agent, sell any 

alcoholic beverages or permit alcoholic 

beverages to be sold to any person 

apparently under the influence of 

alcohol. 

(B) Any retail seller of alcoholic 

beverages who is licensed pursuant to 

this Ordinance who sells or allows to be 

sold alcoholic beverages to a person 

obviously intoxicated, is deemed to 

have violated this Ordinance and upon 

a finding thereof is punishable of a civil 

penalty of up to Five Hundred Dollars 

($500.00) for each infraction. 

(C) No person may give alcoholic 

beverages to a person apparently under 

the influence of alcohol. 

4.0 Age Limit on Sale of Alcoholic 

Beverages, Social Host Law—Penalty for 

Violation 

(A) No person shall sell, give, 

purchase, or otherwise supply alcoholic 

beverages to any person under the age 

of twenty-one (21) years of age or permit 

any person under that age to consume 

an alcoholic beverage, including cases 

of alcohol beverages given to a person 

under twenty-one (21) years of age by 

his/her parent or guardian, and not 

adult shall knowingly provide a place 

for underage drinkers to consume 

alcohol, regardless of whether or not 

that adult provides the alcohol. 

(B) The penalty for violation of this 

Section shall be the same as for the 

offense of Contributing the Delinquency 

of a Minor, in Chapter 7, Blackfeet Law 

and Order Code of 1967, as amended. 

Chapter 14. Section 5.17

(C) Any person who violates this 

provision may, upon finding thereof, be 

punished through a civil penalty or a 

fine of not less than Two Hundred Fifty 

Dollars ($250.00) for each violation. 

(D) Provided, however, should the 

drinking age for the State of Montana be 

changed, the drinking age stated in this 

Ordinance will automatically be 

changed to reflect the new change. 

5.0 Miscellaneous Prohibitions— 

Penalty 

(A) All licenses to sell at retail 

alcoholic beverages[sic] pursuant to this 

Ordinance are hereby prohibited from 

engaging in the following activities: 

1. From engaging in pawnbroking or 

taking goods or materials in hock; or 

2. Lending money or engaging in 

similar activity to indigent persons 

solely for the purpose of enabling them 

to purchase alcoholic beverages in his 

establishment; or 

3. From allowing the consumption of 

alcoholic beverages on his premises 

which were purchased for off-premises 

consumption only; or 

4. From allowing fighting or 

threatening to fight on his premises or 

from generally failing to keep order in 

his premises. 

(B) Any licensee found to be in 

violation of any of the provisions of this 

section shall be deemed to have violated 

this Ordinance and is subject to a civil 

penalty of not less than Three Hundred 

Dollars ($300.00) for each separate 

violation. 

6.0 Firearms Not Allowed on Premises 

(A) There shall be no firearms or other 

dangerous weapons allowed at any time 

on the premises where alcoholic 

beverages are being sold at retail, with 

the exception of licensed firearms for 

the maintenance of order, firearms 

possessed by duly authorized peace 

officers, and firearms maintained by the 

licensee for protection of himself, his 

agents, and invitees. 

(B) Any person found in possession of 

other dangerous weapons on a premises 

beverages are being sold at retail shall 

thereof in court, be subject to a civil 

than Two Hundred Fifty Dollars 

($250.00). 

7.0 Minors Not Allowed-Eating 

Establishments Exception 

(A) Minors shall not be allowed in 

any establishment where alcoholic 

beverages are sold for on-premises 

consumption, except where a restaurant 

or other prepared food business is 

operated in conjunction therewith. 

(B) Any licensee who is found to have 

violated this provision shall be deemed 

to have violated this Ordinance and be 

subject to a civil fine of not less than 

Two Hundred Fifty Dollars ($250.00) for 

each violation. 

8.0 Sale of Alcoholic Beverages From 

Drive-In Windows or Similar Devices 

Prohibited 

(A) It is the public policy of the 

people of the Blackfeet Nation to stop 

the carnage that is taking place on the 

highways of the Blackfeet Reservation, 


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18Resolution No. 214–2011, Amending 

Ordinance 73, Social Host Law and Penalty, May 

5, 2011. 

and which is occurring as a result of the 

high number of drinking drivers. It has 

been statistically proven that drinking 

drivers account for a significant 

percentage of all highway deaths and 

accidents. It is the public policy of the 

people of the Blackfeet Nation to 

prevent drinking and driving, not to 

encourage or facilitate such action. 

(B) It shall be unlawful and a 

violation of this Ordinance to sell or 

offer to sell alcoholic beverages through 

drive-up windows or other similar 

devices which would allow the retail 

purchaser to purchase alcoholic 

beverages while remaining in his 

vehicle. Drive-up windows and other 

similar devices are hereby declared to 

be public nuisances and thus subject to 

injunction to prevent uses in violation 

of this Ordinance. 

(C) A licensee found to have violated 

this provision shall be subject to a civil 

penalty of not less than One Thousand 

Dollars ($1,000.00) and not more than 

Five Thousand Dollars ($5,000.00). 

9.0 Penalty for Violating OrdinanceRevocation of License 

(A) If any retail licensee is convicted 

of a violation under this Ordinance, his 

license shall be immediately revoked or 

in the discretion of the Tribal Council 

such other sanction may be imposed as 

is authorized by this Ordinance. Any 

person violating the provisions of this 

Ordinance shall, upon finding thereof, 

be deemed guilty and be subject to such 

fine or penalty as is provided in this 

Ordinance. 

(B) A person under the age of twentyone (21) years 18 who is found to have 

violated any provision of this Ordinance 

shall be subject to a One Hundred Dollar 

($100.00) civil penalty for each offense. 

10.0 Officer or Agent, of Firm or 

Corporation, and Occupant of Premises 

Deemed Party to Violation 

(A) Where a violation of this 

Ordinance is committed by a 

corporation or firm, the officer or agent 

in charge of the premises where the 

violation was committed shall be 

deemed to be a party to the violation 

and shall be personally liable to [sic] the 

penalties prescribed for the offense as 

principal offender. 

(B) Upon proof of the fact that a 

violation of this Ordinance has been 

committed by any person in the employ 

of the occupant of any house or 

premises, or by any guest of the 

occupant of any premises where the 

violation was committed, the occupant 

of the premises shall be personally 

liable for the penalties prescribed for the 

violation as principal offender, 

notwithstanding the fact that the 

occupant did not commit the violation 

or authorize its commission. 

(C) Nothing in sections (A) and (B) 

above will relieve the person actually 

committing the offense for liability, 

therefore. 

11.0 Injunction Actions 

(A) Upon the determination of the 

Tribal Council, in the exercise of its 

sound discretion, an injunction and 

immediate temporary restraining order 

may be sought against any retail 

licensee requesting that he be prohibited 

from further sales of alcoholic beverages 

and that his business as enacted 

activities be immediately suspended. 

(B) The action may be started by the 

Tribal Council filing a petition in the 

Tribal Court, verified by affidavit, 

showing the need for immediate 

measures and showing that the licensee 

has been notified. 

(C) If the Court finds that the 

circumstances present a public nuisance 

or that the public health and welfare has 

been or in endangered it shall issue a 

temporary restraining order and 

schedule a show cause hearing no later 

than five (5) working days from the date 

the temporary order is issued. 

(D) The temporary restraining order 

will dissolve of its own force and effect 

on the fifth day if the Tribe fails to go 

forward on its petition on the day set for 

the hearing. 

12.0 Delegation of Authority 

The Blackfeet Tribal Council hereby 

reserves the right to delegate any of the 

powers and duties stated in this 

Ordinance to any agency of the 

Blackfeet Tribe. In the event of such a 

delegation, the Tribal Council shall 

promptly notify all interested persons 

by proper publication of which 

activities or duties have been delegated 

and to which agency the delegation was 

made. 

13.0 Federal Laws Applicable 

The Federal Indian Liquor Laws 

remain applicable to any act or 

transaction not authorized by this 

Ordinance and not otherwise in 

compliance with Federal law, violators 

may be subject to federal prosecution. 

Part 8. Regulation of Wholesalers, 

Brewers, and State Liquor Stores 

1.0 Brewers License To Sell Products— 

License Fee 

(A) It shall be unlawful for any brewer 

of beer, wherever located, to sell his 

product within the exterior boundaries 

of the Blackfeet Reservation without 

first obtaining a license and paying the 

appropriate fee as provided by this 

Ordinance. 

(B) Every brewer who is licensed to 

do business within the State of 

Montana, may obtain a license to sell 

his product within the Blackfeet Indian 

Reservation by making application with 

the Blackfeet Tribal Council and 

submitting a fee of Five Hundred 

Dollars ($500.00) therewith. 

(C) Upon being satisfied that the 

applicant is duly licensed by the State 

of Montana, and otherwise of good 

moral character, the Tribal Council shall 

issue such a license to the applicant. 

2.0 Wholesale Distribution of Beer and 

Wine—License Required—Fee 

(A) It shall be unlawful for any person 

or firm to sell, offer to sell, or possess 

for sale any beer, or wine, or both, for 

wholesale distribution, within the 

exterior boundaries of the Blackfeet 

Reservation without first obtaining 

license and paying the appropriate fee 

as required by this Ordinance. 

(B) Any person desiring to possess 

and sell beer for wholesale or wine for 

wholesale, or both, under the provisions 

of this Ordinance shall apply to the 

Tribal Council for a license to do so, 

submitting with his application his 

annual license fee of One Thousand 

Dollars ($1,000.00). 

(C) Upon being satisfied that the 

applicant is a good moral character, has 

sufficient capital and is otherwise a lawabiding citizen, the Tribal Council shall 

issue the license to the applicant. 

(D) If the Tribal Council shall 

determine that the license should not be 

granted, the applicant shall be promptly 

notified, and his license fee returned. 

(E) This provision does not apply to 

stores owned or operated by the State of 

Montana as State Liquor Stores. 

3.0 State Liquor Store—Limit—Fee 

(A) There shall be one (l) State Liquor 

Store on the Blackfeet Indian 

Reservation. Said store shall not sell 

alcoholic beverages on the Blackfeet 

Indian Reservation, whether at 

wholesale or retail, without first 

obtaining a license pursuant to this 

Ordinance and paying the appropriate 

fee. 

(B) Upon application by the State of 

Montana and the tendering of a One 

Thousand Dollars ($1,000.00) license 

therewith, Tribal Council shall issue a 

license to the State Liquor Store which 

will enable said store to sell alcoholic 

beverages at wholesale and at retail. 


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4.0 Renewal—Suspension— 

Revocation—Expiration 

Licenses issued to wholesale 

distributors of alcoholic use, brewers, 

and the State Liquor Store, pursuant to 

this Part, shall be subject to expiration, 

renewal, revocation, and suspension 

pursuant to the provisions of Part 4, 

Sections 7, 8 and 9. 

5.0 Violators—Enforcement 

The provisions of this Part may be 

enforced pursuant to the provisions of 

Part 6, Sections 1 through 6 of this 

Ordinance, including those provisions 

providing for the seizure and forfeiture 

of contraband alcoholic beverages and 

conveyance devices which are used in 

violation of this Ordinance. 

Part 9. Effective Date and Repeal 

1.0 Effective Date 

This Ordinance shall be effective 

upon approval by the Bureau of Indian 

Affairs and publication as required by 

law. 

2.0 Repeal of Prior Ordinances and 

Resolutions 

This Ordinance No. 73 hereby repeals 

all prior ordinances and resolutions 

which regulate or purport to regulate the 

sale and distribution of alcoholic 

beverages within the Blackfeet Indian 

Reservation including Ordinance No. 

6A. This Ordinance as amended, is 

controlling. 

[FR Doc. 2024–30255 Filed 12–18–24; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

[NPS–WASO–NRNHL–DTS#–39226; 

PPWOCRADI0, PCU00RP14.R50000] 

National Register of Historic Places; 

Notification of Pending Nominations 

and Related Actions 

AGENCY: National Park Service, Interior. 

ACTION: Notice. 

SUMMARY: The National Park Service is 

soliciting electronic comments on the 

significance of properties nominated 

before December 7, 2024, for listing or 

related actions in the National Register 

of Historic Places. 

DATES: Comments should be submitted 

electronically by January 3, 2025. 

ADDRESSES: Comments are encouraged 

to be submitted electronically to 

National_Register_Submissions@

nps.gov with the subject line ‘‘Public 

Comment on <property or proposed 

district name, (County) State>.’’ If you 

have no access to email, you may send 

them via U.S. Postal Service and all 

other carriers to the National Register of 

Historic Places, National Park Service, 

1849 C Street NW, MS 7228, 

Washington, DC 20240. 

FOR FURTHER INFORMATION CONTACT: 

Sherry A. Frear, Chief, National Register 

of Historic Places/National Historic 

Landmarks Program, 1849 C Street NW, 

MS 7228, Washington, DC 20240, 

sherry_frear@nps.gov, 202–913–3763. 

SUPPLEMENTARY INFORMATION: The 

properties listed in this notice are being 

considered for listing or related actions 

in the National Register of Historic 

Places. Nominations for their 

consideration were received by the 

National Park Service before December 

7, 2024. Pursuant to section 60.13 of 36 

CFR part 60, comments are being 

accepted concerning the significance of 

the nominated properties under the 

National Register criteria for evaluation. 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Nominations submitted by State or 

Tribal Historic Preservation Officers 

Key: State, County, Property Name, 

Multiple Name (if applicable), Address/ 

Boundary, City, Vicinity, Reference 

Number. 

ALABAMA 

Montgomery County 

Peacock Tract Historic District, (The Civil 

Rights Movement in Montgomery, 

Alabama, 1850–1984 MPS), The district 

includes all or part of the following blocks: 

1000 block Aaron Street 800–1000 blocks 

Adeline Street 2000 block Beach Street 

800–1100 blocks Bragg Street 1100 block 

Broughton Street 600–700 block Bullock 

Street, Montgomery, MP100011302. 

ARIZONA 

Maricopa County 

Tal’-Wi-Wi Ranch, 9801 N Litchfield Rd. and 

9816 N Litchfield Rd., El Mirage vicinity, 

SG100011259. 

ARKANSAS 

Baxter County 

Domino Shed, 9736 Arkansas Highway 14, 

Big Flat, SG100011298. 

Uncle Willie Huffines Park, 11812 Arkansas 

Highway 14, Big Flat vicinity, 

SG100011299. 

Benton County 

Bentonville Post Office, 201 NE 2nd Street, 

Bentonville, SG100011312. 

Clark County 

John Duke Wells Health, Physical Education, 

and Recreation Building, 1192 M.H. 

Russell Drive, Arkadelphia, SG100011297. 

Ross, Jane, House, 1049 Henderson Street, 

Arkadelphia, SG100011313. 

Hot Spring County 

L’ Eau Frais Creek Bridge, L’Eau Fraiz Road 

over L’ Eau Frais Creek, Malvern, 

SG100011291. 

Polk County 

Old U.S. 71 Ouachita River Bridges, Polk 

County Road 109 over the Ouachita River, 

Acorn, SG100011300. 

Pulaski County 

Steele-Dortch General Store, (Cotton and Rice 

Farm History and Architecture in the 

Arkansas Delta MPS), 4815 Arkansas 

Highway 161 South, Scott, MP100011294. 

West 12th Street Overpass, West 12th Street 

over the Union Pacific Railroad Line, Little 

Rock, SG100011295. 

West 14th Street Overpass, West 14th Street 

over the Union Pacific Railroad Line, Little 

Rock, SG100011296. 

Tanner, James W. and Billie, House, 

(Arkansas Designs of E. Fay Jones MPS), 

12821 Ridgehaven Road, Little Rock, 

MP100011314. 

Searcy County 

Brush Creek Bridge, Center Street over Brush 

Creek, Marshall, SG100011301. 

CALIFORNIA 

Alameda County 

Southern Pacific 16th Street Station and 16th 

Street Tower, (African Americans in 

California, 1850–1974 MPS), 1798 16th 

Street, 1601 Wood Street and 1709 Wood 

Street (1405 Wood Street), Oakland, 

MP100011288. 

Santa Barbara County 

Saint Paul African Methodist Episcopal 

Church, Santa Barbara, (African Americans 

in California, 1850–1974 MPS), 502 Olive 

Street, Santa Barbara, MP100011289. 

COLORADO 

Pitkin County 

Berger Cabin, 835 West Main Street, Aspen, 

SG100011303. 

KANSAS 

Reno County 

Bernard’s Restaurant and Catering, 2100 

South Bonebrake Street, Hutchinson, 

SG100011284. 

Shawnee County 

Mount Auburn Cemetery, (African American 

Resources in Topeka, Shawnee County, 

Kansas MPS), 916 Southeast California 

Avenue, Topeka, MP100011285. 

Second Missionary Baptist Church, (African 

American Resources in Topeka, Shawnee 

County, Kansas MPS), 416 and 424 NW 

Laurent Street, Shawnee, MP100011286. 


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